Patna High Court
Manish Kumar @ Manish Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Manish Kumar was arrested after police seized 234 capsules of Spasmo Proxyvon Plus and 499 tablets of Alprazolam from his shop. He filed a regular bail petition under the NDPS Act, arguing that the quantities were small or intermediate, that he held a valid licence, that the drugs were not recovered from his possession, and that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, citing the seriousness of the offences under Sections 8(c), 21(c), 29 and 35 of the NDPS Act. The Court considered the petitioner’s clean record, the lack of possession, and the alleged procedural lapse in the seizure. It granted bail on a bond of Rs 10,000 with two sureties, ordering the petitioner’s release pending trial.
Issues considered
- Whether bail can be granted in NDPS offences when the seized quantity is small or intermediate and the accused claims no possession
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act
- Whether the case should be tried under the Drugs and Cosmetics Act instead of the NDPS Act
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Drugs and Cosmetics Act
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 35, 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- license holder
- quantity
- Section 105
- Drugs and Cosmetics Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8826 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
Manish Kumar @ Manish Kumar Bhagat Son of Birendra Bhagat Resident of
village- ward No 13, Maliatol, samaila P.s- Keoti Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c), 21(c),
29 and 35 of the NDPS Act.
3. The case of the prosecution, in short, is that from
the shop of this petitioner, Spasmo Proxyvon Plus Capsule total
234 capsule and Alprazolam Tablet Anxit-0.5 total 499 tablet
were recovered.
4. Learned counsel for the petitioner submits that as
far as Alprazolam Tablet Anxit 0.5 is concerned, it is small
quantity whereas Spasmo Proxyvon Plus is intermediary
quantity. Learned counsel for the petitioner has submitted that
the petitioner is a license holder and that this case should have
Patna High Court CR. MISC. No.8826 of 2026(2) dt.19-02-2026
2/2
been filed under Drugs and Cosmetics Act. It has further been
submitted that nothing has been recovered from the possession
of this petitioner. The witnesses of the seizure list are police
personnel and police has not complied Section 105 of the
BNSS. Learned counsel for the petitioner has submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 10.10.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
PTN 2087 of 2025 arising out of Keoti P.S. Case No. 254 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-XI-cum-Special Judge
(NDPS), Darbhanga.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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